CMMNJ’s Adult-use Cannabis Recommendations

CMMNJ’s Adult-use Cannabis Recommendations

Senate Judiciary Committee Hearing, 12/14/20 

RE: Support with concerns, S21 

(Cannabis Regulatory, Enforcement Assistance, & Marketplace Modernization Act)

The Coalition for Medical Marijuana--New Jersey, Inc. (CMMNJ) has recommendations for the implementation of adult-use cannabis in the state:

Financial Considerations:

CMMNJ believes that it is unconstitutional to add any tax to the sale of cannabis in New Jersey over and above what is specifically allowed by Ballot Question #1, the Constitutional Amendment that voters approved on November 3, 2020.

The ballot question consisted of five sentences. Two of these sentences concerned taxes: “Cannabis products would be subject to the State sales tax. If authorized by the Legislature, a municipality may pass a local ordinance to charge a local tax on cannabis products.” S2703, or other legislation, may authorize a municipal tax, but no additional taxes are mentioned or permitted by the constitutional amendment.

Nor should additional taxes be necessary to achieve social justice goals in the state after the companion bill to S21, the Decriminalization bill, S2535, passes into law. There will be tremendous savings that New Jersey municipalities, and the state itself, can anticipate when most of the tens of thousands of marijuana arrests are no longer going to occur. 

Gone will be expenses related to:

⦁ law enforcement, including surveillance, arrest, detention and overtime;

⦁ court costs, for the criminal prosecution of marijuana cases;

⦁ incarceration of those convicted of marijuana offenses; 

⦁ parole supervision upon release of convicts; and,

⦁ recidivism, as the whole wasteful and expensive process starts over again.

Moreover, the financial impact of these marijuana arrests and incarcerations do not stop with the individual who is unlucky enough to be caught. An arrest affects the entire family. Having a parent in jail is an Adverse Childhood Event that leads to a lower socioeconomic status for the child, a greater risk of interactions with law enforcement, a greater risk of substance abuse and other health problems, and a greater risk of dependence on welfare and other social services. Repeat these arrests enough times in a community and the poverty rate of the entire community rises. Trenton’s poverty rate is 28%, twice the national average. Newark’s poverty rate is 29%; Atlantic City’s is 36%; and Camden’s is 38%.

In addition to avoided costs, there will be modest tax revenue gained from the legal sale of cannabis to adults, along with the far greater economic benefits associated with the creation of an entirely new industry in the state.  

Additional taxes or fees on the sale or processing of cannabis should be opposed as this is not following the word or spirit of the constitutional amendment that clearly spelled out the only taxes that should be applied. Also, added fees will only drive up the price to the consumer and encourage black market competition. 

Equitable Cannabis Industry Licensing: Rebuilding individuals and communities damaged by the decades-long war on marijuana will take decades.

De-schedule Cannabis: While S21 deschedules marijuana, cannabis, and hemp, it continues to keep certain tetrahydrocannabinols as a Schedule I drug, inappropriately.

Release Cannabis Prisoners: Release all those who are currently incarcerated for nonviolent cannabis offenses; expunge nonviolent cannabis offenses from criminal records, without cost to the inmates or former inmates. 

Home Grow: Allow registered New Jersey patients to grow six (6) plants each for cost savings and consistent supply, with minimal impact on the legal industry. 

Cannabis Regulatory Commission (CRC): Continue staffing the CRC with individuals who have knowledge of the Endocannabinoid System, and who are supportive of cannabis reform. 

CMMNJ also supports the recommendations of Doctors for Cannabis Regulation 

(David L. Nathan, MD, DFAPA, President, Board of Directors dnathan@dfcr.org www.dfcr.org):

• Government oversight of cannabis production, testing, distribution, and sales

• Detailed labeling of cannabis products with health and safety information

• Prevention of non-medical underage cannabis use through:

• Evidence-based education about the risks of cannabis use

• Child-resistant packaging

• A ban on packaging, marketing, and advertising that attracts       underage users

• Penalties for adults who enable diversion

• Taxation of adult-use cannabis to fund equity programs for communities harmed by the drug war

• Protected rights for limited home cultivation of cannabis

• Expungement of cannabis arrests, charges, and convictions from criminal records

• Diversity in all sectors of the cannabis industry

Thank you, for your time and consideration and the opportunity to address this committee.

Ken Wolski, RN, MPA

Executive Director

Coalition for Medical Marijuana-New Jersey, Inc.

219 Woodside Ave., Trenton, NJ 08618

609.394.2137 (home/office) 

www.cmmnj.org

New Jersey Legislative Questionnaire

Dear New Jersey Legislator,

New Jersey United for Marijuana Reform ( www.njumr.org ) reports that:

• there are over 21,000 arrests for marijuana possession each year in the state, and 
• New Jersey spent over one billion dollars in the last decade on enforcement of these laws, and
• minorities in New Jersey are nearly three times more likely to be arrested for marijuana possession than Caucasians, despite similar rates of use, and 
• New Jersey could potentially receive over a hundred million dollars per year in new revenue from the taxation of regulated marijuana sales, and
• regulating marijuana in a State-controlled system will ensure strict controls over marijuana advertising, labeling, potency and quality, while preventing access to youth, and
• driving under the influence of marijuana will remain illegal in New Jersey.

In view of this, do you support legislation to legalize, tax and regulate marijuana for adults in New Jersey?

____    ___      ___________
YES     NO      UNDECIDED

Please return survey to info@cmmnj.org

Or mail to the address below.

Many thanks for your participation in this important survey!

Ken Wolski, RN, MPA
Executive Director
Coalition for Medical Marijuana--New Jersey, Inc. www.cmmnj.org
219 Woodside Ave.
Trenton, NJ 08618
609.394.2137

CMMNJ, a 501(c)(3) public charity, is a non-profit educational organization.

Resolution in support of legalizing, taxing and regulating marijuana for adults in New Jersey

City of Asbury Park
County of Monmouth
State of New Jersey

IN SUPPORT OF LEGALIZING, TAXING AND REGULATING
MARIJUANA FOR ADULTS

WHEREAS, New Jersey law currently makes possession by adults of small amounts of marijuana illegal; and

WHEREAS, based upon information available to the City of Asbury Park (the “City”), someone is arrested for marijuana possession in the State of New Jersey (the “State”) every 24 minutes, totaling more than 21,000 possession arrests each year; and

WHEREAS, based upon information available to the City, the State spent over an estimated one billion dollars in the last decade on enforcement of marijuana possession laws; and

WHEREAS, the Mayor and Council of the City believe that the existing laws concerning small amounts of marijuana waste the enforcement resources of police, prosecutors and courts that could be better spent on keeping the City safe from serious crime; and

WHEREAS, based upon information available to the City, minorities in the State are nearly three times more likely to be arrested for marijuana possession than Caucasians, despite similar rates of marijuana use; and

WHEREAS, based upon information available to the City, an arrest for a single marijuana cigarette in the State can lead to up to six months in jail, loss of a job, a driver’s license suspension, up to $1,225 in fees and fines, immigration consequences, loss of student financial aid, and eviction; and

WHEREAS, based upon information available to the City, despite the prohibition of marijuana and the approximately 800,000 marijuana possession arrests that occur in the United States each year, federal government data estimates that 111 million Americans have tried marijuana and more than 30 million Americans use marijuana each year; and

WHEREAS, based upon information available to the City, in 2014 the New Jersey State Municipal Prosecutors Association, whose members are primarily responsible for prosecuting marijuana possession arrests, voted to publicly support the legalization of marijuana, subject to reasonable regulations; and

WHEREAS, based upon information available to the City, the editorial boards of the New York Times, Star-Ledger, Times of Trenton, and Daily Targum have endorsed the legalization, taxation and regulation of marijuana; and

WHEREAS, based upon information available to the City, the State could potentially receive hundreds of millions of dollars per year in new revenue from the taxation of regulated marijuana sales; and

WHEREAS, the Mayor and Council of the City believe that tax revenue can be used to reinvest in our communities, schools, drug prevention and education programs, re-entry and job training programs and in programs to strengthen community-police relations; and

WHEREAS, the Mayor and Council of the City believe that regulating marijuana in a State-controlled system will limit access to marijuana to adults aged 21 and over in licensed locations; and

WHEREAS, the Mayor and Council of the City believe that regulation will ensure strict controls over marijuana advertising, labeling, and quality, preventing access to youth and controlling quality and potency; and

WHEREAS, the Mayor and Council of the City recognize that driving under the influence of marijuana will remain illegal in the State, and regulating marijuana will not change that; and

WHEREAS, the Mayor and Council of the City are aware that marijuana has been legalized, taxed, and regulated in the States of Colorado, Washington, Alaska, and Oregon, as well as in Washington D.C.

NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED, by the Mayor and Council of the City of Asbury Park, in the County of Monmouth and State of New Jersey, as follows:

1. That the Mayor and Council of the City hereby support fair and effective criminal justice and drug policies; and

2. That the Mayor and Council of the City hereby urge the New Jersey State Legislature to pass, and the Governor to sign, legislation to legalize, tax and regulate marijuana for adults; and

3. That a certified copy of this Resolution shall be provided to each of the following:

a. Members of the New Jersey General Assembly;
b. Members of the New Jersey State Senate;
c. Office of the Governor;
d. Anthony Nuccio, Acting City Manager;
e. Deputy Police Chief Anthony Salerno;
f. Frederick C. Raffetto, Esq., Municipal Attorney.

I, CINDY A. DYE, City Clerk of the City of Asbury Park, Monmouth County, New Jersey, DO HEREBY CERTIFY the foregoing to be a true and exact copy of RESOLUTION NO. 2015-XX, which was finally adopted by the City Council at a meeting held on the 8th day of July, 2015.

CERTIFIED BY ME THIS _______ DAY OF _____________, 2015.

______________________________
CINDY A. DYE
CITY CLERK

Record of Council Vote on Final Passage
COUNCIL PERSON AYE NAY N.V. (Not Voting Abstain)
Mayor John Moor AYE
Deputy Mayor Amy Quinn AYE
Council Member Yvonne Clayton AYE
Council Member Jesse Kendle AYE
Council Member Joe Woerner AYE

Indicates vote N.V.-